What's happening
This bill prohibits the use of grade number four fuel oil in any building or facility in New York starting July 1, 2025.
Why it matters
Directly targets air quality improvement. By banning the use of grade number four fuel oil—a relatively dirty, high-sulfur fuel—this bill seeks to reduce emissions of pollutants like sulfur dioxide and particulate matter, which are linked to respiratory illnesses and environmental damage, especially in densely populated areas.
Accelerates the transition to cleaner energy sources. Building owners and facility managers will be compelled to upgrade to cleaner-burning fuels or alternative heating systems, potentially spurring investments in energy efficiency, modern heating infrastructure, or renewable energy.
Allows for local governments to go further. The bill explicitly permits municipalities to enact even stricter regulations, enabling cities with more severe pollution or ambitious climate goals to phase out other polluting fuels or adopt more aggressive timelines.
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Who cares
Building and facility owners using No. 4 fuel oil
They would have to stop using that fuel statewide beginning July 1, 2025.
No. 4 fuel oil suppliers
The bill would prohibit use of their fuel in any New York building or facility beginning July 1, 2025.
Municipal governments
They could adopt local fuel oil restrictions more stringent than the statewide requirements.
Headline styles
Ban Grade 4 Fuel Oil
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to environmental conservation
- Referred to environmental conservation
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Ban Grade 4 Fuel Oil
In Assembly Committee · Environmental Conservation · Sponsor Amy Paulin
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
562
2019-2020 Regular Sessions
IN SENATE (Prefiled)
January 9, 2019
Introduced by Sen. KAMINSKY -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to prohibiting the use of fuel oil, grade number four in any building or facility in the state
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The environmental conservation law is amended by adding a new section 19-0329 to read as follows: § 19-0329. Certain fuel oil; prohibited.
1. On and after July first, two thousand twenty-five, no fuel oil, grade number four, as classified by American Society for Testing Materials Standard D396-15c, shall be used in any building or facility in the state.
2. Nothing in this section shall prevent a municipality from adopting a law, code, ordinance or regulation which is more stringent than the requirements of this section.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01671-02-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the environmental conservation law, in relation to prohibiting the use of fuel oil, grade number four in any building or facility in the state
Purpose or general idea of bill
To phase out the use of grade 4 heating oil fuel in all buildings in the State.
Summary of provisions
The Environmental Conservation Law is amended by adding a new section 19-0329 to completely phase out the use of fuel Grade 4 in any building Or facility in the State, but makes clear that nothing in this act shall preempt a municipality from adopting a more stringent law.
Justification
Harmful pollutants are released into the air when fuel oil grade number 4 is used to heat buildings. Fuel number 4 contains high concentrations contaminants, such as polycyclic aromatic hydrocarbons (PAHs), heavy metals, nitric oxide, sulfur dioxide, nickel, and black carbon. PAHs are proven human carcinogens and sulfur dioxide and nitric oxide are known respiratory irritants. Studies show combustion of heating fuel 4 forms soot that is composed of a complex mix of toxic pollutants. Soot is a black, carbonaceous substance produced during incomplete combustion of these oils; it is conveyed into the atmosphere creating a source of air pollution and contributing to respiratory illness. Because soot is made of fine airborne particles less than 2.5 microns in diameter, it is easily inhaled. The toxic soot can penetrate deep into the lungs, cross the blood stream, and get into organs, causing a multitude of health problems for people of all ages. Infants, children, and the elderly are particularly vulnerable to diseases caused by air pollution, including but not limited to asthma, bronchitis, cancer, heart disease, and pneu- monia.
In 2011, New York City required their buildings to change over to a cleaner fuel oil and Westchester County has already passed a local law phasing out all use of both fuels by 2020. This bill would prohibit the use of fuel oil grade number 4 in any building or facility in the State. A building or facility refers to stationary structures. The prohibition would be phased in by the year 2025, which is enough time to accomplish this important environmental change especially in light of the fact that counties and localities are taking it upon themselves to enact this change in an even more expedited manner.
Prior legislative history
2018: A.11311, referred to Environmental Conservation
Fiscal implications for state and local governments
Minimal.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.